Bill Text: FL S1502 | 2019 | Regular Session | Introduced


Bill Title: Department of Environmental Protection

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Appropriations [S1502 Detail]

Download: Florida-2019-S1502-Introduced.html
       Florida Senate - 2019                                    SB 1502
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-01683B-19                                           20191502__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Environmental
    3         Protection; transferring and reassigning functions and
    4         responsibilities of the Division of Law Enforcement
    5         relating to investigators of environmental crimes
    6         within the Fish and Wildlife Conservation Commission
    7         to the Division of Law Enforcement of the Department
    8         of Environmental Protection; providing requirements
    9         for a memorandum of agreement between the department
   10         and the commission regarding the responsibilities of
   11         the department and the commission; transferring
   12         personnel and equipment within the department’s Office
   13         of Emergency Response to the department’s Division of
   14         Law Enforcement; providing for a transition advisory
   15         working group; providing for the retention and
   16         transfer of specified benefits for employees who are
   17         transferred from the commission to fill positions
   18         transferred to the department; amending s. 20.255,
   19         F.S.; establishing the Division of Law Enforcement
   20         within the department; providing law enforcement
   21         officers of the department who meet certain
   22         requirements with specified authority, subject to
   23         applicable law; amending ss. 258.004, 258.008,
   24         258.501, 282.709, 316.640, 376.3071, 403.413, 784.07,
   25         843.08, 843.085, 870.04, and 932.7055, F.S.;
   26         conforming provisions to changes made by the act;
   27         reenacting s. 790.166(8)(a), F.S., relating to the
   28         manufacture, possession, sale, delivery, display, use
   29         or attempted or threatened use of a weapon of mass
   30         destruction or hoax weapon of mass destruction
   31         prohibited, to incorporate the amendment made to s.
   32         784.07, F.S., in a reference thereto; providing
   33         severability; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. (1) The primary powers and duties of the Fish
   38  and Wildlife Conservation Commission with regard to the
   39  investigation of certain environmental crimes and the
   40  enforcement of related laws, as specified in the new memorandum
   41  of agreement developed as required under subsection (2), are
   42  transferred from the commission to the Department of
   43  Environmental Protection. The commission retains law enforcement
   44  authority over the patrol of state-owned lands managed by the
   45  department and shall coordinate with the department in that
   46  regard.
   47         (2) A new memorandum of agreement must be developed between
   48  the commission and the department detailing the respective
   49  responsibilities of the department and the commission with
   50  regard to at least all of the following:
   51         (a) Support and response for oil spills, hazardous spills,
   52  and natural disasters.
   53         (b) Law enforcement patrol and investigative services for
   54  all state-owned lands managed by the department.
   55         (c) Law enforcement services, including investigative
   56  services, for all criminal law violations of chapters 161, 258,
   57  373, 376, 377, 378, and 403, Florida Statutes.
   58         (d) Enforcement services for civil violations of department
   59  administrative rules related to all of the following program
   60  areas:
   61         1. The Division of Recreation and Parks.
   62         2. The Office of Coastal and Aquatic Managed Areas.
   63         3. The Office of Greenways and Trails.
   64         (e) Current and future funding, training, or other support
   65  for positions and equipment being transferred from the
   66  commission to the department which are funded through any trust
   67  fund.
   68         Section 2. All personnel and equipment assigned to the
   69  Department of Environmental Protection’s Office of Emergency
   70  Response are reassigned to the Division of Law Enforcement of
   71  the department.
   72         Section 3. The Secretary of Environmental Protection and
   73  the Executive Director of the Fish and Wildlife Conservation
   74  Commission shall each appoint two staff members to a transition
   75  advisory working group to review the administrative rules
   76  promulgated by the department and the commission to identify any
   77  rules that must be amended to reflect the changes made by this
   78  act.
   79         Section 4. Notwithstanding chapter 60L-34, Florida
   80  Administrative Code, or any law to the contrary, employees who
   81  are transferred from the Fish and Wildlife Conservation
   82  Commission to fill positions transferred to the Department of
   83  Environmental Protection shall retain and transfer any accrued
   84  annual leave, sick leave, and regular and special compensatory
   85  leave balances. The employees shall retain their current
   86  position status, including permanent status, upon transfer to
   87  the Department of Environmental Protection.
   88         Section 5. Subsection (3) of section 20.255, Florida
   89  Statutes, is amended, and subsection (10) is added to that
   90  section, to read:
   91         20.255 Department of Environmental Protection.—There is
   92  created a Department of Environmental Protection.
   93         (3) The following divisions of the Department of
   94  Environmental Protection are established:
   95         (a) Division of Administrative Services.
   96         (b) Division of Air Resource Management.
   97         (c) Division of Water Resource Management.
   98         (d) Division of Environmental Assessment and Restoration.
   99         (e) Division of Waste Management.
  100         (f) Division of Recreation and Parks.
  101         (g) Division of State Lands, the director of which is
  102  appointed by the secretary of the department, subject to
  103  confirmation by the Governor and Cabinet sitting as the Board of
  104  Trustees of the Internal Improvement Trust Fund.
  105         (h) Division of Water Restoration Assistance.
  106         (i) Division of Law Enforcement.
  107  
  108  In order to ensure statewide and intradepartmental consistency,
  109  the department’s divisions shall direct the district offices and
  110  bureaus on matters of interpretation and applicability of the
  111  department’s rules and programs.
  112         (10) Law enforcement officers of the Department of
  113  Environmental Protection who meet the requirements of s. 943.13
  114  are constituted law enforcement officers of this state with full
  115  power to investigate and arrest for any violation of the laws of
  116  this state and the rules of the department and the Board of
  117  Trustees of the Internal Improvement Trust Fund. The general
  118  laws applicable to investigations, searches, and arrests by
  119  peace officers of this state apply to such law enforcement
  120  officers.
  121         Section 6. Subsection (8) is added to section 258.004,
  122  Florida Statutes, to read:
  123         258.004 Duties of division.—
  124         (8) This chapter shall be enforced by the Division of Law
  125  Enforcement within the Department of Environmental Protection
  126  and its officers and by the Division of Law Enforcement within
  127  the Fish and Wildlife Conservation Commission and its officers.
  128         Section 7. Subsection (1) of section 258.008, Florida
  129  Statutes, is amended to read:
  130         258.008 Prohibited activities; penalties.—
  131         (1) Except as provided in subsection (3), any person who
  132  violates or otherwise fails to comply with the rules adopted
  133  under this chapter commits a noncriminal infraction for which
  134  ejection from all property managed by the Division of Recreation
  135  and Parks and a fine of up to $500 may be imposed by the
  136  division. Fines paid under this subsection shall be paid to the
  137  Fish and Wildlife Conservation Commission and deposited in the
  138  State Game Trust Fund as provided in ss. 379.338, 379.339, and
  139  379.3395 or to the Department of Environmental Protection and
  140  deposited into the State Park Trust Fund, as applicable.
  141         Section 8. Subsection (16) of section 258.501, Florida
  142  Statutes, is amended to read:
  143         258.501 Myakka River; wild and scenic segment.—
  144         (16) ENFORCEMENT.—Officers of the department and the Fish
  145  and Wildlife Conservation Commission shall have full authority
  146  to enforce any rule adopted by the department.
  147         Section 9. Paragraph (a) of subsection (2) of section
  148  282.709, Florida Statutes, is amended to read:
  149         282.709 State agency law enforcement radio system and
  150  interoperability network.—
  151         (2) The Joint Task Force on State Agency Law Enforcement
  152  Communications is created adjunct to the department to advise
  153  the department of member-agency needs relating to the planning,
  154  designing, and establishment of the statewide communication
  155  system.
  156         (a) The Joint Task Force on State Agency Law Enforcement
  157  Communications shall consist of the following members:
  158         1. A representative of the Division of Alcoholic Beverages
  159  and Tobacco of the Department of Business and Professional
  160  Regulation who shall be appointed by the secretary of the
  161  department.
  162         2. A representative of the Division of Florida Highway
  163  Patrol of the Department of Highway Safety and Motor Vehicles
  164  who shall be appointed by the executive director of the
  165  department.
  166         3. A representative of the Department of Law Enforcement
  167  who shall be appointed by the executive director of the
  168  department.
  169         4. A representative of the Fish and Wildlife Conservation
  170  Commission who shall be appointed by the executive director of
  171  the commission.
  172         5. A representative of the Division of Law Enforcement of
  173  the Department of Environmental Protection who shall be
  174  appointed by the secretary of the department.
  175         6.5. A representative of the Department of Corrections who
  176  shall be appointed by the secretary of the department.
  177         7.6. A representative of the Department of Financial
  178  Services who shall be appointed by the Chief Financial Officer.
  179         8.7. A representative of the Department of Agriculture and
  180  Consumer Services who shall be appointed by the Commissioner of
  181  Agriculture.
  182         9.8. A representative of the Florida Sheriffs Association
  183  who shall be appointed by the president of the Florida Sheriffs
  184  Association.
  185         Section 10. Paragraph (a) of subsection (1) of section
  186  316.640, Florida Statutes, is amended to read:
  187         316.640 Enforcement.—The enforcement of the traffic laws of
  188  this state is vested as follows:
  189         (1) STATE.—
  190         (a)1.a. The Division of Florida Highway Patrol of the
  191  Department of Highway Safety and Motor Vehicles; the Division of
  192  Law Enforcement of the Fish and Wildlife Conservation
  193  Commission; the Division of Law Enforcement of the Department of
  194  Environmental Protection; and the agents, inspectors, and
  195  officers of the Department of Law Enforcement each have
  196  authority to enforce all of the traffic laws of this state on
  197  all the streets and highways thereof and elsewhere throughout
  198  the state wherever the public has a right to travel by motor
  199  vehicle.
  200         b. University police officers may enforce all of the
  201  traffic laws of this state when violations occur on or within
  202  1,000 feet of any property or facilities that are under the
  203  guidance, supervision, regulation, or control of a state
  204  university, a direct-support organization of such state
  205  university, or any other organization controlled by the state
  206  university or a direct-support organization of the state
  207  university, or when such violations occur within a specified
  208  jurisdictional area as agreed upon in a mutual aid agreement
  209  entered into with a law enforcement agency pursuant to s.
  210  23.1225(1). Traffic laws may also be enforced off-campus when
  211  hot pursuit originates on or within 1,000 feet of any such
  212  property or facilities, or as agreed upon in accordance with the
  213  mutual aid agreement.
  214         c. Florida College System institution police officers may
  215  enforce all the traffic laws of this state only when such
  216  violations occur on or within 1,000 feet of any property or
  217  facilities that are under the guidance, supervision, regulation,
  218  or control of the Florida College System institution, or when
  219  such violations occur within a specified jurisdictional area as
  220  agreed upon in a mutual aid agreement entered into with a law
  221  enforcement agency pursuant to s. 23.1225. Traffic laws may also
  222  be enforced off-campus when hot pursuit originates on or within
  223  1,000 feet of any such property or facilities, or as agreed upon
  224  in accordance with the mutual aid agreement.
  225         d. Police officers employed by an airport authority may
  226  enforce all of the traffic laws of this state only when such
  227  violations occur on any property or facilities that are owned or
  228  operated by an airport authority.
  229         (I) An airport authority may employ as a parking
  230  enforcement specialist any individual who successfully completes
  231  a training program established and approved by the Criminal
  232  Justice Standards and Training Commission for parking
  233  enforcement specialists but who does not otherwise meet the
  234  uniform minimum standards established by the commission for law
  235  enforcement officers or auxiliary or part-time officers under s.
  236  943.12. This sub-sub-subparagraph may not be construed to permit
  237  the carrying of firearms or other weapons, nor shall such
  238  parking enforcement specialist have arrest authority.
  239         (II) A parking enforcement specialist employed by an
  240  airport authority may enforce all state, county, and municipal
  241  laws and ordinances governing parking only when such violations
  242  are on property or facilities owned or operated by the airport
  243  authority employing the specialist, by appropriate state,
  244  county, or municipal traffic citation.
  245         e. The Office of Agricultural Law Enforcement of the
  246  Department of Agriculture and Consumer Services may enforce
  247  traffic laws of this state.
  248         f. School safety officers may enforce all of the traffic
  249  laws of this state when such violations occur on or about any
  250  property or facilities that are under the guidance, supervision,
  251  regulation, or control of the district school board.
  252         2. Any disciplinary action taken or performance evaluation
  253  conducted by an agency of the state as described in subparagraph
  254  1. of a law enforcement officer’s traffic enforcement activity
  255  must be in accordance with written work-performance standards.
  256  Such standards must be approved by the agency and any collective
  257  bargaining unit representing such law enforcement officer. A
  258  violation of this subparagraph is not subject to the penalties
  259  provided in chapter 318.
  260         3. The Division of the Florida Highway Patrol may employ as
  261  a traffic accident investigation officer any individual who
  262  successfully completes instruction in traffic accident
  263  investigation and court presentation through the Selective
  264  Traffic Enforcement Program as approved by the Criminal Justice
  265  Standards and Training Commission and funded through the
  266  National Highway Traffic Safety Administration or a similar
  267  program approved by the commission, but who does not necessarily
  268  meet the uniform minimum standards established by the commission
  269  for law enforcement officers or auxiliary law enforcement
  270  officers under chapter 943. Any such traffic accident
  271  investigation officer who makes an investigation at the scene of
  272  a traffic accident may issue traffic citations, based upon
  273  personal investigation, when he or she has reasonable and
  274  probable grounds to believe that a person who was involved in
  275  the accident committed an offense under this chapter, chapter
  276  319, chapter 320, or chapter 322 in connection with the
  277  accident. This subparagraph does not permit the officer to carry
  278  firearms or other weapons, and such an officer does not have
  279  authority to make arrests.
  280         Section 11. Paragraph (p) of subsection (4) of section
  281  376.3071, Florida Statutes, is amended to read:
  282         376.3071 Inland Protection Trust Fund; creation; purposes;
  283  funding.—
  284         (4) USES.—Whenever, in its determination, incidents of
  285  inland contamination related to the storage of petroleum or
  286  petroleum products may pose a threat to the public health,
  287  safety, or welfare, water resources, or the environment, the
  288  department shall obligate moneys available in the fund to
  289  provide for:
  290         (p) Enforcement of this section and ss. 376.30-376.317 by
  291  the Fish and Wildlife Conservation Commission and the Department
  292  of Environmental Protection. The department may shall disburse
  293  moneys to the commission for such purpose.
  294  
  295  The issuance of a site rehabilitation completion order pursuant
  296  to subsection (5) or paragraph (12)(b) for contamination
  297  eligible for programs funded by this section does not alter the
  298  project’s eligibility for state-funded remediation if the
  299  department determines that site conditions are not protective of
  300  human health under actual or proposed circumstances of exposure
  301  under subsection (5). The Inland Protection Trust Fund may be
  302  used only to fund the activities in ss. 376.30-376.317 except
  303  ss. 376.3078 and 376.3079. Amounts on deposit in the fund in
  304  each fiscal year must first be applied or allocated for the
  305  payment of amounts payable by the department pursuant to
  306  paragraph (n) under a service contract entered into by the
  307  department pursuant to s. 376.3075 and appropriated in each year
  308  by the Legislature before making or providing for other
  309  disbursements from the fund. This subsection does not authorize
  310  the use of the fund for cleanup of contamination caused
  311  primarily by a discharge of solvents as defined in s.
  312  206.9925(6), or polychlorinated biphenyls when their presence
  313  causes them to be hazardous wastes, except solvent contamination
  314  which is the result of chemical or physical breakdown of
  315  petroleum products and is otherwise eligible. Facilities used
  316  primarily for the storage of motor or diesel fuels as defined in
  317  ss. 206.01 and 206.86 are not excluded from eligibility pursuant
  318  to this section.
  319         Section 12. Paragraph (e) of subsection (2) of section
  320  403.413, Florida Statutes, is amended to read:
  321         403.413 Florida Litter Law.—
  322         (2) DEFINITIONS.—As used in this section:
  323         (e) “Law enforcement officer” means any officer of the
  324  Florida Highway Patrol, a county sheriff’s department, a
  325  municipal law enforcement department, a law enforcement
  326  department of any other political subdivision, the Department of
  327  Environmental Protection, or the Fish and Wildlife Conservation
  328  Commission. In addition, and solely for the purposes of this
  329  section, “law enforcement officer” means any employee of a
  330  county or municipal park or recreation department designated by
  331  the department head as a litter enforcement officer.
  332         Section 13. Paragraph (d) of subsection (1) of section
  333  784.07, Florida Statutes, is amended to read:
  334         784.07 Assault or battery of law enforcement officers,
  335  firefighters, emergency medical care providers, public transit
  336  employees or agents, or other specified officers;
  337  reclassification of offenses; minimum sentences.—
  338         (1) As used in this section, the term:
  339         (d) “Law enforcement officer” includes a law enforcement
  340  officer, a correctional officer, a correctional probation
  341  officer, a part-time law enforcement officer, a part-time
  342  correctional officer, an auxiliary law enforcement officer, and
  343  an auxiliary correctional officer, as those terms are
  344  respectively defined in s. 943.10, and any county probation
  345  officer; an employee or agent of the Department of Corrections
  346  who supervises or provides services to inmates; an officer of
  347  the Florida Commission on Offender Review; a federal law
  348  enforcement officer as defined in s. 901.1505; and law
  349  enforcement personnel of the Fish and Wildlife Conservation
  350  Commission, the Department of Environmental Protection, or the
  351  Department of Law Enforcement.
  352         Section 14. Section 843.08, Florida Statutes, is amended to
  353  read:
  354         843.08 False personation.—A person who falsely assumes or
  355  pretends to be a firefighter, sheriff, officer of the Florida
  356  Highway Patrol, officer of the Fish and Wildlife Conservation
  357  Commission, officer of the Department of Environmental
  358  Protection, fire or arson investigator of the Department of
  359  Financial Services, officer of the Department of Financial
  360  Services, officer of the Department of Corrections, correctional
  361  probation officer, deputy sheriff, state attorney or assistant
  362  state attorney, statewide prosecutor or assistant statewide
  363  prosecutor, state attorney investigator, coroner, police
  364  officer, lottery special agent or lottery investigator, beverage
  365  enforcement agent, or watchman, or any member of the Florida
  366  Commission on Offender Review and any administrative aide or
  367  supervisor employed by the commission, or any personnel or
  368  representative of the Department of Law Enforcement, or a
  369  federal law enforcement officer as defined in s. 901.1505, and
  370  takes upon himself or herself to act as such, or to require any
  371  other person to aid or assist him or her in a matter pertaining
  372  to the duty of any such officer, commits a felony of the third
  373  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  374  775.084. However, a person who falsely personates any such
  375  officer during the course of the commission of a felony commits
  376  a felony of the second degree, punishable as provided in s.
  377  775.082, s. 775.083, or s. 775.084. If the commission of the
  378  felony results in the death or personal injury of another human
  379  being, the person commits a felony of the first degree,
  380  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  381  The term “watchman” means a security officer licensed under
  382  chapter 493.
  383         Section 15. Section 843.085, Florida Statutes, is amended
  384  to read:
  385         843.085 Unlawful use of badges or other indicia of
  386  authority.—
  387         (1) It is unlawful for any person, unless appointed by the
  388  Governor pursuant to chapter 354, authorized by the appropriate
  389  agency, or displayed in a closed or mounted case as a collection
  390  or exhibit, to wear or display any authorized indicia of
  391  authority, including any badge, insignia, emblem, identification
  392  card, or uniform, or any colorable imitation thereof, of any
  393  federal, state, county, or municipal law enforcement agency, or
  394  other criminal justice agency as defined in s. 943.045, with the
  395  intent to mislead or cause another person to believe that he or
  396  she is a member of that agency or is authorized to display or
  397  wear such item, or to wear or display any item that displays in
  398  any manner or combination the word or words “police,”
  399  “patrolman,” “agent,” “sheriff,” “deputy,” “trooper,” “highway
  400  patrol,” “commission officer,” “Wildlife Officer,” “Marine
  401  Patrol Officer,” “state attorney,” “public defender,” “marshal,”
  402  “constable,” “bailiff,” or “fire department,” or “Department of
  403  Environmental Protection officer,” with the intent to mislead or
  404  cause another person to believe that he or she is a member of
  405  that agency or is authorized to wear or display such item.
  406         (2) It is unlawful for a person to own or operate a motor
  407  vehicle marked or identified in any manner or combination by the
  408  word or words “police,” “patrolman,” “sheriff,” “deputy,”
  409  “trooper,” “highway patrol,” “commission officer,” “Wildlife
  410  Officer,” “Marine Patrol Officer,” “marshal,” “constable,”
  411  “bailiff,” or “fire department,” or “Department of Environmental
  412  Protection officer,” or by any lettering, marking, or insignia,
  413  or colorable imitation thereof, including, but not limited to,
  414  stars, badges, or shields, officially used to identify the
  415  vehicle as a federal, state, county, or municipal law
  416  enforcement vehicle or a vehicle used by a criminal justice
  417  agency as defined in s. 943.045, or a vehicle used by a fire
  418  department with the intent to mislead or cause another person to
  419  believe that such vehicle is an official vehicle of that agency
  420  and is authorized to be used by that agency, unless such vehicle
  421  is owned or operated by the appropriate agency and its use is
  422  authorized by such agency, or the local law enforcement agency
  423  or fire department authorizes the use of such vehicle, or the
  424  person is appointed by the Governor pursuant to chapter 354.
  425         (3) It is unlawful for a person to sell, transfer, or give
  426  away the authorized badge, or colorable imitation thereof,
  427  including miniatures, of any criminal justice agency as defined
  428  in s. 943.045, or bearing in any manner or combination the word
  429  or words “police,” “patrolman,” “sheriff,” “deputy,” “trooper,”
  430  “highway patrol,” “commission officer,” “Wildlife Officer,”
  431  “Marine Patrol Officer,” “marshal,” “constable,” “agent,” “state
  432  attorney,” “public defender,” “bailiff,” or “fire department,”
  433  or “Department of Environmental Protection officer,” with the
  434  intent to mislead or cause another person to believe that he or
  435  she is a member of that agency or is authorized to wear or
  436  display such item, except for agency purchases or upon the
  437  presentation and recordation of both a driver license and other
  438  identification showing any transferee to actually be a member of
  439  such criminal justice agency or unless the person is appointed
  440  by the Governor pursuant to chapter 354. A transferor of an item
  441  covered by this subsection is required to maintain for 2 years a
  442  written record of such transaction, including records showing
  443  compliance with this subsection, and if such transferor is a
  444  business, it shall make such records available during normal
  445  business hours for inspection by any law enforcement agency
  446  having jurisdiction in the area where the business is located.
  447         (4) This section does not prohibit a fraternal, benevolent,
  448  or labor organization or association, or their chapters or
  449  subsidiaries, from using the following words, in any manner or
  450  in any combination, if those words appear in the official name
  451  of the organization or association: “police,” “patrolman,”
  452  “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission
  453  officer,” “Wildlife Officer,” “Marine Patrol Officer,”
  454  “marshal,” “constable,” “bailiff,” “fire department,” or
  455  “Department of Environmental Protection officer.” or “fire
  456  department.”
  457         (5) Violation of any provision of this section is a
  458  misdemeanor of the first degree, punishable as provided in s.
  459  775.082 or s. 775.083. This section is cumulative to any law now
  460  in force in the state.
  461         Section 16. Section 870.04, Florida Statutes, is amended to
  462  read:
  463         870.04 Specified officers to disperse riotous assembly.—If
  464  any number of persons, whether armed or not, are unlawfully,
  465  riotously, or tumultuously assembled in any county, city, or
  466  municipality, the sheriff or the sheriff’s deputies, or the
  467  mayor, or any commissioner, council member, alderman, or police
  468  officer of the city or municipality, or any officer or member of
  469  the Florida Highway Patrol, or any officer or agent of the Fish
  470  and Wildlife Conservation Commission or the Department of
  471  Environmental Protection, any beverage enforcement agent, any
  472  personnel or representatives of the Department of Law
  473  Enforcement or its successor, or any other peace officer, shall
  474  go among the persons so assembled, or as near to them as may be
  475  done with safety, and shall in the name of the state command all
  476  the persons so assembled immediately and peaceably to disperse.
  477  If such persons do not thereupon immediately and peaceably
  478  disperse, such officers shall command the assistance of all such
  479  persons in seizing, arresting, and securing such persons in
  480  custody. If any person present being so commanded to aid and
  481  assist in seizing and securing such rioter or persons so
  482  unlawfully assembled, or in suppressing such riot or unlawful
  483  assembly, refuses or neglects to obey such command, or, when
  484  required by such officers to depart from the place, refuses and
  485  neglects to do so, the person shall be deemed one of the rioters
  486  or persons unlawfully assembled, and may be prosecuted and
  487  punished accordingly.
  488         Section 17. Present paragraphs (b) through (l) of
  489  subsection (6) of section 932.7055, Florida Statutes, are
  490  redesignated as paragraphs (c) through (m), respectively, and a
  491  new paragraph (b) is added to that subsection, to read:
  492         932.7055 Disposition of liens and forfeited property.—
  493         (6) If the seizing agency is a state agency, all remaining
  494  proceeds shall be deposited into the General Revenue Fund.
  495  However, if the seizing agency is:
  496         (b) The Department of Environmental Protection, the
  497  proceeds accrued pursuant to the Florida Contraband Forfeiture
  498  Act shall be deposited into the Internal Improvement Trust Fund,
  499  the Water Quality Assurance Trust Fund, the Inland Protection
  500  Trust Fund, the Coastal Protection Trust Fund, or the Solid
  501  Waste Management Trust Fund, as specified by the statute under
  502  which the violation occurs.
  503         Section 18. For the purpose of incorporating the amendment
  504  made by this act to section 784.07, Florida Statutes, in a
  505  reference thereto, paragraph (a) of subsection (8) of section
  506  790.166, Florida Statutes, is reenacted to read:
  507         790.166 Manufacture, possession, sale, delivery, display,
  508  use, or attempted or threatened use of a weapon of mass
  509  destruction or hoax weapon of mass destruction prohibited;
  510  definitions; penalties.—
  511         (8) For purposes of this section, the term “weapon of mass
  512  destruction” does not include:
  513         (a) A device or instrument that emits or discharges smoke
  514  or an offensive, noxious, or irritant liquid, powder, gas, or
  515  chemical for the purpose of immobilizing, incapacitating, or
  516  thwarting an attack by a person or animal and that is lawfully
  517  possessed or used by a person for the purpose of self-protection
  518  or, as provided in subsection (7), is lawfully possessed or used
  519  by any member or employee of the Armed Forces of the United
  520  States, a federal or state governmental agency, or a private
  521  entity. A member or employee of a federal or state governmental
  522  agency includes, but is not limited to, a law enforcement
  523  officer, as defined in s. 784.07; a federal law enforcement
  524  officer, as defined in s. 901.1505; and an emergency service
  525  employee, as defined in s. 496.404.
  526         Section 19. If any provision of this act or the application
  527  thereof to any person or circumstance is held invalid, the
  528  invalidity does not affect other provisions or applications of
  529  the act which can be given effect without the invalid provisions
  530  or applications, and to this end the provisions of this act are
  531  severable.
  532         Section 20. This act shall take effect July 1, 2019.

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